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conviction for illegally plying for hire overturned
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Author:  captain cab [ Fri Apr 17, 2015 2:39 pm ]
Post subject:  conviction for illegally plying for hire overturned

Accrington minicab driver has conviction for illegally plying for hire overturned



A minicab driver from Accrington has had his conviction for illegally plying for hire in a private hire vehicle overturned.

Mohammed Aftab, from China Street, was ordered to pay out more than £700 by magistrates in October, including £190 in fines, £20 in victim surcharge, and £500 in prosecution costs.

However, Hyndburn Council’s solicitor Gordon McMillan has now said in a report, set to go before councillors on Monday: “Mr Aftab appealed against his conviction, which was quashed by the crown court on January 15.

“Unlike the magistrates, the court court accepted it was possible that Mr Aftab had accepted passengers in the mistaken belief they were the customers who had booked his vehicle from a nearby location.

“As there was a reasonable doubt about the commission of an offence, the case could not be proved beyond reasonable doubt.”

source: http://www.theboltonnews.co.uk/news/nor ... verturned/

Author:  silvercab [ Fri Apr 17, 2015 5:29 pm ]
Post subject:  Re: conviction for illegally plying for hire overturned

captain cab wrote:
Accrington minicab driver has conviction for illegally plying for hire overturned



A minicab driver from Accrington has had his conviction for illegally plying for hire in a private hire vehicle overturned.

Mohammed Aftab, from China Street, was ordered to pay out more than £700 by magistrates in October, including £190 in fines, £20 in victim surcharge, and £500 in prosecution costs.

However, Hyndburn Council’s solicitor Gordon McMillan has now said in a report, set to go before councillors on Monday: “Mr Aftab appealed against his conviction, which was quashed by the crown court on January 15.

“Unlike the magistrates, the court court accepted it was possible that Mr Aftab had accepted passengers in the mistaken belief they were the customers who had booked his vehicle from a nearby location.

“As there was a reasonable doubt about the commission of an offence, the case could not be proved beyond reasonable doubt.”

source: http://www.theboltonnews.co.uk/news/nor ... verturned/


Poor decision, plying for hire is a strict liability offence

Author:  captain cab [ Fri Apr 17, 2015 5:42 pm ]
Post subject:  Re: conviction for illegally plying for hire overturned

silvercab wrote:

Poor decision, plying for hire is a strict liability offence


I wonder if the council will revoke the license on the balance of probabilities?

Author:  Sussex [ Fri Apr 17, 2015 7:40 pm ]
Post subject:  Re: conviction for illegally plying for hire overturned

silvercab wrote:
Poor decision, plying for hire is a strict liability offence

So what happens when a customer lies?

Author:  toots [ Fri Apr 17, 2015 9:05 pm ]
Post subject:  Re: conviction for illegally plying for hire overturned

captain cab wrote:
silvercab wrote:

Poor decision, plying for hire is a strict liability offence


I wonder if the council will revoke the license on the balance of probabilities?


I wonder if they do if the driver will appeal that as well :wink:

Author:  captain cab [ Fri Apr 17, 2015 9:09 pm ]
Post subject:  Re: conviction for illegally plying for hire overturned

toots wrote:
captain cab wrote:
silvercab wrote:

Poor decision, plying for hire is a strict liability offence


I wonder if the council will revoke the license on the balance of probabilities?


I wonder if they do if the driver will appeal that as well :wink:


He'll get beat eventually - imo the judge was wrong

Author:  silvercab [ Sat Apr 18, 2015 7:31 am ]
Post subject:  Re: conviction for illegally plying for hire overturned

Sussex wrote:
silvercab wrote:
Poor decision, plying for hire is a strict liability offence

So what happens when a customer lies?

Still guilty, Actus Reus

Author:  Sussex [ Sat Apr 18, 2015 8:07 pm ]
Post subject:  Re: conviction for illegally plying for hire overturned

silvercab wrote:
Sussex wrote:
silvercab wrote:
Poor decision, plying for hire is a strict liability offence

So what happens when a customer lies?

Still guilty, Actus Reus

You can quote as much Latin to me as you wish, in fact I dare say I could quote a lot more legal Latin back, but you are wrong.

But don't take it from me, take it from the Crown Court Judge sitting with two Magistrates who made a proper legal decision in the Crown Court.

Off course if you or anyone else wishes to object, the route is open to anyone wishing to mount a Judicial Review.

Author:  silvercab [ Sun Apr 19, 2015 8:38 am ]
Post subject:  Re: conviction for illegally plying for hire overturned

Sussex wrote:
You can quote as much Latin to me as you wish, in fact I dare say I could quote a lot more legal Latin back, but you are wrong.

But don't take it from me, take it from the Crown Court Judge sitting with two Magistrates who made a proper legal decision in the Crown Court.

The judge got it wrong, probably been reading James Button's nonsense
Sussex wrote:

Off course if you or anyone else wishes to object, the route is open to anyone wishing to mount a Judicial Review.

Locus Standii?

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